Paul Goldfinger MD, Blogfinger.net
Today, February 28, the APP has posted a good and thorough report on this topic. Here is a quote:
“The first resolution authorizes a settlement agreement and an amended redevelopment agreement between the township and the developer, OG North End Development LLC (OGNED).
“The second resolution pushes the plan to the township planning board.
“The introduced ordinance would adopt the amended redevelopment plan. The public hearing and final vote to adopt the ordinance is scheduled for the March 11 committee meeting.”
From this article:
Cafferty and McMillan explained that their yes votes were due to their confidence in the township’s attorneys and on the legal advice that not voting for this amended plan could result in a lawsuit and a judge deciding to revert back to the original OGNED plan.
The mayor (York said she voted no “because in the beginning (the developers) said they would not do anything without a COA (Certificate of Appropriateness)” from the Historic Preservation Commission.
“For them to turn around, change and make course, I find that to be dishonest,” York said.
Stroud’s reasoning was similar. “If Jane Doe can’t repaint her white house white because the (Historic Preservation Committee) said so, then everyone else has to follow those rules as well,” he said.
And, what did the Coaster report on 2/29/24 about February 26, 2024: The answer is “nothing.” But they did post some “Bartenders of the Week.”
KENNY VANCE:
The very purpose of the Neptune Committee in approving the North End Development is to violate our civil rights by clear discrimination through a corruption of both federal and state laws by forcing on OG tax payers the illegal “Area in Need of Development.”
The Municipal Land Use Law (MLUL) states that “zoning cannot create municipal power to act in a way foreclosed to it by conflicting state legislation” Further it states that, “the drafter of an ordinance must take care to avoid any distinctions between property owners that are irrational or discriminatory.” And also found under the broard rule, distinctions between persons, “the federal and state constitutions require that persons similarly situated be treated equally.”
In other words, all of OG must be zoned the same including the North End because state and federal law demands that all the property within OG be treated the same since it is owned in its entirety by the OGCMA.
And finally, “legislative action is ex necessitate contained by the constitutional grant, and thus we have zoning by districts according to the character of the lands and structures and their peculiar suitability for particular uses to serve the general welfare in the given areas of police action, and uniformity and equality of use within the division” is required.
It further states, it is fundamental to “use” limitation by districts that all property in like circumstances be treated alike.” Again, this demands that all land and leases held by the OGCMA within the property of OG must be zoned and treated equally.
What this establishes is that the “Overlay Zone” of the first to blocks was created directly in violation of law to grant each lot in that area having the same leasehold, as all other lots throughout the rest of OG, greater uses in violation of our equal rights and protections demanded by both state and federal laws.
This invalid and illegal “Overlay Zone” of the first two ocean blocks was created in direct violation of law through a corrupt process for the purpose to permit Neptune to create the illegal “Area in Need of Redevelopment.”
Neptune knew it was creating both these zones in direct violation of law and through a corrupt process using our tax dollars.
Since the OGCMA is the owner of all the land in OG, state and federal law demands that the OGCMA lands must be treated as a single division or district and therefore all leaseholds and all land within the OGCMA land must be treated equally.
They are not, this is in direct violation of state and federal laws.
By Neptune creating both the “Overlay Zone” of the first two ocean blocks and the “Area in Need of Redevelopment” it violates the law, our civil rights, and discriminates against a large number of OG residents through irrational zoning that was created to violate both state and federal laws to deliberately harm and endanger our community for the greed of a developer.